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2025 DAILYLAW 94575 (ALL)

MOHAMMAD YASIN v. VIKAS GUPTA AND ANOTHER

A227/10777/2025 · 2025-09-09

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10777 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the orders dated 2.7.2025 as well as 14.8.2025 passed by the Civil Judge (Senior Division), Gautam Budh Nagar in Original Suit No.1183 of 2025. 3. Contention of learned counsel for the petitioner is that Trial Court issued notices and has not granted interim injunction to the plaintiff- petitioner. During pendency of the application for interim injunction when the defendants tried to interfere with the possession of the petitioner, petitioner moved an application under Section 151 CPC seeking interim protection. The Court has disposed of the said application on the ground that as the notices have been issued, it will not be proper to decide the injunction matter without hearing the other side. It has been further contended by learned counsel for the petitioner that so far as plot No.49A is concerned which is plot-in-dispute, the same is admitted in proceedings under Section 24 of the U.P. Revenue Code, 2006 by the defendants as belonging to the petitioner. It has been further contended by learned counsel for the petitioner that during pendency of the interim application, defendants came to the petitioner on 16.7.2025 and tried to take possession. Thereafter, petitioner filed an application under Section 151 CPC. It has also been contended by learned counsel for the petitioner that defendants again tried to disturb possession of the petitioner on 6.8.2025. 4. Since the application for interim injunction is pending, no useful Versus Counsel for Petitioner(s) : Ajay Kumar Singh, Ashish Kumar Singh Counsel for Respondent(s) : Mohammad Yasin .....Petitioner(s) Vikas Gupta And Another .....Respondent(s) purpose would be served in keeping this writ petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Gautam Budh Nagar to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the application for interim relief, parties are directed to maintain status quo. It is further provided that petitioner will co- operate in disposal of the aforesaid application and will not seek undue adjournments to linger on the proceedings and in case, any effort is being made by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. September 10, 2025 Rishabh A227 No. 10777 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad